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Supreme Court of India 2019-02-01 dismissed

ASHARAFI DEVI (D) THR. LRS vs STATE OF U.P. THROUGH COLLECTOR/DISTRICT MAGISTRATE

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The appellant challenged a High Court order dismissing her review application challenging an earlier writ petition decision on ceiling land proceedings. The writ petition had held she failed to prove possession after the Ceiling Act's repeal. The Supreme Court held that a Special Leave Petition against a review order can only examine whether the review was correctly decided—not the main order itself. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the record; it cannot re-examine findings of fact de novo. The High Court correctly dismissed the review application, finding no apparent error warranting recall. The appeal was dismissed.

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Property Law Ceiling Legislation Civil Procedure Review Jurisdiction Writ Petition

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